Beruflich Dokumente
Kultur Dokumente
Posted on 10/05/2015
You are filing a document that requires service under ORCP 7 or that requires personal
service. For example, a complaint or initiating petition.
The opponent has obtained permission from the court to file conventionally. (If the opponent
is not an eFiler, she cannot be eServed.)
Your opponent is a pro se who is not registered in the eFiling system. (If the oppponent is not
an eFiler, he cannot be eServed.)
Your opponent eFiled into the case, but failed to enter a designated service contact into the
system as required by UTCR 21.100(2)(a).
Verify the availability of service contacts early on. When the other side first appears or when
you are served, login to the system and see if opposing counsel is available for you to select as
a service contact. This information may not be visible unless you are actually eFiling a
document into the case, so dont wait until you are up against a filing deadline to find
out. This leads to my next suggestion.
Give yourself extra time. If you arent sure whether the other side has entered a service
contact, assume you will have to serve conventionally and plan accordingly.
If you see that opposing counsel has failed to enter a service contact, pick up the phone. Refer
opposing counsel to UTCR 21.100(2)(a) and ask him to take care of the oversight.
Create a calendar reminder to follow-up in three to five days (or sooner, if necessary). Login
in to the system and check again. If the other side still has not added a service contact, take
a screenshot to document that no contact is present, and send a follow-up email to opposing
counsel with the screenshot attached. Reference your earlier call. [If youre a Mac user, see
these instructions for taking screenshots.]
If youve done all the above and the other side has not complied, it may be time for court
intervention such as moving the court for an order to compel the other side to follow the
rule. Attach a supporting affidavit documenting your efforts (calling, emailing opposing
counsel). Your screenshot can be added as an exhibit. Refer the court to UTCR 21.100(2)(a)
and quote the rule.
If the other side is ordered by the court to add itself as a service contact and fails to do
so, asking for sanctions may be the next step.
While all this is going on, dont forget you still have to serve the other side. Proceed with
conventional service until eService becomes available.